THE STATE OF COLORADO
A BILL FOR AN ACT CONCERNING FEMALE GENITAL MUTILATION
SENATE BILL 96-031

(STATUS: NOT PASSED)

Second Regular Session

Sixtieth General Assembly

LLS NO. 96-0388.01 JGG SENATE BILL 96-031

BY SENATORS Rupert and Thiebaut; also REPRESENTATIVE Lyle.

ENGROSSED Judiciary

Bill Summary

(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments which may be subsequently adopted.)

Requires the executive director of the department of public health
and environment, or the executive director's designee, to carry out
education, prevention, and outreach activities in communities that
traditionally practice female genital mutilation. Authorizes the executive
director to obtain private funds, grants, gifts, or donations for
the outreach program and authorizes the expenditure of same.

Makes it a crime of child abuse for a person to circumcise, excise,
or infibulate the genitalia of a female child or for a parent, guardian,
or other person legally responsible for a female child to allow such
mutilation of the child's genitalia. Specifies that consent to such
conduct or belief hat the conduct is required as a matter of custom,
ritual, or standard practice is not a defense. Establishes exceptions
to such crime if the procedure is necessary for the health of the
child or performed in connection with labor or the birth of an infant.

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Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Title 25, Colorado Revised Statues, 1989. Repl.
Vol. as amended, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 30 Female Genital Mutilation Outreach

25-30-101. Legislative declaration. The general assembly declares
it to be in the interest of public health, safety, and welfare to
protect the female children of this state from the physical and psychological
harm associated with female genital mutilation. The general assembly
further finds and declares that, although the practice of female genital
mutilation is an accepted practice in certain cultures, persons should
be made aware of the nature, extent, and potential long-term physical,
emotional, and psychological trauma that can result from such custom.
Therefore, the general assembly declares that the protection of the
public requires an outreach program to educate the public concerning
the health risks associated with female genital mutilation.

25-30-102. Definitions. As used in this article, unless the
context otherwise requires:

(1) "Child" means a person who is under eighteen years
of age. (2)" Female Genital Mutilation" means the circumcision,
excision, or infibulation ,in whole or in part, of the labia majora,
labia minora, or clitoris of a female child.

25-30-103. Female genital mutilation - education and outreach
- female genital mutilation fund. (1) on or before July 1, 1997, the
executive director of the department of public health and environment,
or the executive director's designee, shall, subject to available
moneys from grants, gifts, or donations received pursuant to this
subsection

(1), carry out appropriate and culturally sensitive education,
prevention, and outreach activities concerning female genital mutilation
to inform people about the health risks associated with and the emotional
and psychological trauma inflicted by those practices and to inform
people and the medical community of the criminal penalties for such
actions set forth in section 18-6-401, C.R.S. The executive director,
or the executive director's designee, shall work with community-based
groups to obtain private funds, grants, gifts, or donations to help
finance these prevention and outreach activities. No general fund
moneys shall be appropriated to the department of public health and
environment for the implementation of this section.

(2)

(a) The executive director of the department of public
health and environment is authorized to accept on behalf of the
state any funds, grants, gifts, or donations from any private of
public source for the purpose of implementing this article and to
expend moneys from the female genital mutilation fund created in
paragraph (b) of this subsection (2) for any purpose consistent
with the terms and conditions under which given: except that no
grant or donation shall be accepted if the conditions attached to
the grant or donation require the expenditure thereof in a manner
contrary to law.

(b) All private and public funds received through grants, gifts,
or donations for the female genital mutilation educational and outreach
activities shall be transmitted to the state treasurer, who shall
credit the same to the female genital mutilation fund, which fund
is hereby created. The female genital mutilation fund shall be administered
by the executive director of the department of public health and
environment who may expend moneys in the fund for purposes of implementing
and administering educational and outreach programs concerning female
genital mutilation. All investment earnings derived from he deposit
and investment in the fund shall be credited to the fund. Any moneys
not appropriated shall remain in the fund and shall not be transferred
or revert to the general fund of the state at the end of any fiscal
year.

Section 2. 18-6-401.

(1)

(a) A person commits child abuse if such person causes
an injury to a child's life or health, or permits a child to be
unreasonably placed in a situation that poses a threat of injury
to the child's life or health, or engages in a continued pattern
of conduct that results in malnourishment, lack of proper medical
care, cruel punishment, mistreatment, or an accumulation of injuries
that ultimately results in the death of a child or serious bodily
injury to a child.

(b)

(I) Except as otherwise provided in subparagraph (III)
of this paragraph (b), a person commits child abuse if such person
circumcises, excises, or infibulates, in whole or in part, the
labia majora, labia minora, or clitoris of a female child or if
a parent, guardian, or other person legally responsible for a
female child or charged with the care or custody of a female child
allows the circumcision, excision, or infibulation, in whole or
in part, of such child's labia majora, labia minora, or clitoris.

(II) Belief that the conduct described in subparagraph (I)
of this paragraph (b) is required as a matter of custom, ritual,
standard practice, or consent to the conduct by the child on whom
it is performed or by the child's parent or legal guardian shall
not be a defense.

(III) A surgical procedure is not a crime pursuant to subparagraph
(I) of this paragraph (b) if the procedure:

(A) Is necessary to preserve the health of the child on whom
it is performed and it is performed by a medical physician licensed
to practice medicine under article 36 of Title 12, C.R.S.; Or

(B) Is performed on a child who is in labor or who has just
given birth and is performed for medical purposes connected
with that labor or birth by a medical physician licensed to
practice medicine under article 36 of Title 12, C.R.S.

Section 3: No appropriation. The general assembly has determined
that no appropriation of state moneys is necessary to carry out the
purposes of section 1 of this act.

Section 4: Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.